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WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the Foundations of Life

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WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the Foundations of Life WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the foundations of life Introduction The report of the Special Rapporteur on Human rights and associated obligations related to healthy ​ biodiversity and ecosystems comes at a critical juncture. The COVID19 pandemic has more clearly than ever revealed the deep faults in our global economies and societies: both our staggering inequities and our dangerously unbalanced relationship with nature. We have an opportunity to build a green and just recovery. Ensuring global recognition of the tight bond between human rights and environmental health can leverage the sustainable decisions and actions we need to achieve that. This WWF contribution to the Special Rapporteur’s report aims to support that ambition, one we are equally committed to. It includes contributions from multiple offices across the WWF network.1 Responses to the Special Rapporteur’s questions on healthy ecosystems and human rights. Q.1: Please provide examples of ways in which declining biodiversity and degraded ecosystems are already having adverse impacts on human rights. Declining biodiversity and degraded ecosystems have far reaching and diverse impacts on human rights across the world. Nature degradation, declining natural spaces and degradation of water catchment areas greatly impact the right to a clean and healthy environment and the right to clean water ​ ​ (Examples in Annex: Kenya, Australia, Brazil, Argentina). Declining wildlife populations and destructive fishing practices threaten the right to food and food security for communities whose livelihoods depend ​ on biodiversity (Example in Annex: Malaysia); poaching and unrest can have severe impacts on the security of communities and indigenous populations (Example in Annex: DRC). Forest degradation and deforestation impact the right to clean, healthy and sustainable environment, right to water, property, food, health, education, and security (Examples in Annex: Malaysia, Tanzania, Colombia, Cameroon). ​ ​ Deforestation exacerbates unstable and dangerous climate impacts, including floods, droughts, and ​ decreased average rainfall; these in turn impact peoples’ quality of life, livelihoods, and food security. Indigenous peoples and local communities whose livelihoods and well-being are directly linked to nature often bear the greater costs. Environmental deterioration from the intensification of livestock, agricultural and aquaculture practices negatively affects indigenous and peasant rights (Examples in ​ ​ Annex: Colombia, Chile, Bolivia). Land conversion and unsustainable land use impact the right to clean, healthy and sustainable environment, right to water, property, food, health, education, and security (Examples in Annex: Indonesia, Bolivia). Loss of nature also curtails the attainment of gender equality ​ 1 WWF Australia, WWF Bolivia, WWF Brazil, WWF Cameroon, WWF Chile, WWF Colombia, WWF Guatemala, WWF Indonesia, WWF International, WWF Kenya, WWF Malaysia, WWF Namibia, WWF Russia, WWF Tanzania, WWF US, Fundacion Vida Silvestre (Argentina); Wildlife Corruption Programme, WWF Forest Practice, WWF Governance Practice. 1 WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights 28 May 2020 and empowerment of women: women who depend on nature for their livelihood suffer more from ​ biodiversity loss (Examples in Annex: Colombia, DRC). A recent IUCN study spotlights how “the damage ​ humanity is inflicting on nature can also fuel violence against women around the world – a link largely overlooked”. Q. 2: To protect a wide range of human rights what are the specific obligations of States and responsibilities of businesses in terms of addressing the main direct drivers of harm to biodiversity and ecosystems and indirect drivers Several countries where WWF works have Constitutional and/or legal provisions establishing the right of people to a healthy environment. The Bolivian Constitution, for example, establishes the right of ​ people to a healthy, protected and balanced environment, and empowers people to exercise legal ​ actions in defense of that right. Brazil has strong environmental legislation that provides the "right to ​ an ecologically balanced environment, which is an asset of common use and essential to a healthy quality of life". Such a right is reinforced and detailed by federal, state and municipal legislation. Other ​ countries have made international or national commitments to sustainable development that recognize the importance of healthy biodiversity to human well-being, including in corporate activities. In many countries, however, these provisions are not mainstreamed or enforced. Policies are being ​ ​ implemented that undermine biodiversity in favour of the expansion of agricultural, mining, and forest exploitation. Weak rule of law and law enforcement are also challenges. Federal agencies in Brazil, for ​ ​ example, are under equipped and inadequately financed; state bodies are subjected to intervention from powerful, wealthy actors who challenge public policies and authorities. More generally, while there is increased understanding of corruption’s negative effects on environmental quality, and on human rights, stronger articulation of the nexus of corruption, environmental degradation and human ​ rights is needed to build more effective responses. See additional information in the Annex. ​ Q.3. Please provide specific examples of constitutional provisions, legislation, regulations, policies, programs or other measures that employ a rights-based approach to prevent, reduce, or eliminate harm to biodiversity and ecosystems or to restore and rehabilitate biodiversity and ecosystems In numerous countries where WWF works States have constitutional and other provisions promoting rights-based approaches, including in Colombia, Malaysia, Indonesia, Namibia, Bolivia, Brazil and Argentina. In Malaysia, for example, the Sabah Inland Fisheries and Aquatic Enactment 2003 gives recognition to the traditional “Tagal” (prohibition in the Kadazan language) system for rivers, which ​ involves collective responsibilities and management of important resources such as land, river, forest, water catchment and wildlife. In Indonesia, a milestone constitutional court decision in 2012 established customary forests as a separate category that can be formally recognized as indigenous or community customary forests. In 2018, the Colombian Supreme Court declared the Colombian Amazon an “entity subject of rights”, requiring the government to reduce deforestation rates and fight climate change effects. More examples are included in the Annex. 2 WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights 28 May 2020 Q.4.If your State is one of the 156 UN Member States that recognizes the right to a safe, clean, healthy and sustainable environment,2 Has this right contributed to protecting, conserving and restoring biodiversity and healthy ecosystems? If so, how? If not, why not? Policies to conserve and restore biodiversity exists in most countries; however, as a conservation organization we believe there is mixed progress in achieving this objective. Deforestation continues in Colombia due to weak governance while in Malaysia, the constitution does not explicitly provide for the ​ ​ right to a healthy environment. The Russian Constitution upholds people’s right to a favorable ​ environment, however the economic benefits from natural resources exploration often prevail over environmental interests. The legal framework in Namibia has led to the formation of 86 conservancies, covering 20.2% of ​ Namibia. Currently, 9% of Namibia’s population are involved in conservancy management and 45.5% of Namibia’s land mass is under conservation. In 2018, conservancies generated US$10.39 million in income for communities. Bolivia has ratified a number of international instruments and recognizes the ​ ​ rights of indigenous peoples and local communities to sustainably use the natural resources in their territories. However, the State has not been able to control illegal activities that lead to increasing levels of environmental degradation. Degradation of ecosystems continues in Argentina due to weak ​ implementation of laws. See more on these examples in the Annex. Q.5 Please provide specific examples of good practices in preventing, reducing, or eliminating harm to biodiversity and ecosystems, or restoring and rehabilitating biodiversity and ecosystems. These examples may occur at the international, national, sub-national, or local level. Where possible, please provide evidence related to the implementation, enforcement, and effectiveness of the good practices WWF works with governments and communities to promote good practices in biodiversity conservation. In the Central African Republic, the Dzanga-Sangha protected area simultaneously helps stabilize ​ wildlife populations and improves livelihoods by employing 250 local people. Colombia expanded its ​ protected areas to 4,923,515 hectares and made data on deforestation accessible, which encouraged local communities’ close cooperation in conservation efforts. The State of Sarawak in Malaysia is ​ supporting “System of Rice Intensification” (SRI) farming by members of the Ba’ Kelalan community, ​ using organic, chemical-free methods that result in increased yields, reduce soil and river pollution, and minimal forest clearing for paddy fields. In Russia,
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